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11-19-1992 Regular Meeting~BO~K 15 ~~:~10? REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED NINETY TWO PRESENT: .Henry H. Bradby, Chairman Steve W. Edwards, Vice Chairman Malcolm T. Cofer O. A. Spady ABSENT: Joel C. Bradshaw, Jr. Also Attending; H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/ Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Bradby called the.. meeting to order at 7:00 p.m. and delivered the invocation. // Chairman Bradby called for Citizens' Comments. Grace Keen complimented the Board on their participation in .the Vietnam Veterans Program on November 8, 1992. Mrs. Keen reported she had been rnntacted by a concerned citizen regarding property that was transferred to the County in the amount of $80,000 and requested the Board provide specifics on the purchase. Supervisor Spady informed her that the County, in cooperation with the Game and Inland Fisheries, purchased the property located in the vicinity of Jones Creek Landing near the old Nike Park with the intention of installing a public boat ramp. Supervisor Spady pointed out that the decision to purchase this land was made approximately a year ago, although the actual transaction took place only a week ago. Mrs. Keen commented that this purchase was made with public funds and asked if the matter was advertised for public hearing. County Attorney Crook advised a public hearing is not required in order for the County to purchase property for public use, but the County prefers to negotiate for the market value rather -than through condemnation. Supervisor Cofer stated that $40,000 of .the purchase price was grant money and $40,000 was County funds. Mrs. Keen requested the status of the Ragged Island Refuge area and urged the Board to support the reopening of the area. 1 1 1 i~ .: ~o~~ 15 {~,:r103 Supervisor Spady informed. her to open or close the Ragged Island Refuge area is not a function of the County, but rather it is controlled by the Virginia Game and Inland Fisheries. Chairman Bradby stated he has been contacted by citizens who want the area closed. Sheriff Phelps .stated the matter is now under review with the possibility of a future opening. Mrs. Keen asked if the overhang at Rowland Spady's store at the Benn's Church intersection has been reviewed by the Historical Review Committee and asked if minutes. were kept of the meeting where the matter was discussed. Supervisor Spady stated the matter was reviewed by both the Planning Commission and the Historical Review Committee and informed Mrs. Keen that she could review the minutes of that meeting by contacting the appropriate. personnel at the Courthouse. Barry Wright of the Owens Estate Civic League requested the Board's assistance in providing the installation of street lights on Walters Road from Beaver Dam Road up to Hunt Club Road to protect the thirty-four existing ' homes due to recent break-ins. Mr. Wright stated an estimated twenty-five lights would be necessary to ensure the safety of .these citizens. Chairman Bradby advised Mr. Wright that the County presently has a moratorium on street light installation. County Administrator Standish stated area power companies will work with individual homeowners for the installation of lights on private property, if desired. Mr. Wright stated Community Electric Cooperative has an agreement ~ which allows the installation of lights on existing telephone poles along the highway. Mr. Wright stated there are existing poles along the area in question and presented the Board with a schedule of :user fees from I Community Electric Cooperative. Wanda Byrd of Hunt Club Road appeared stating she was in favor of .installing lights along these roads and stated if the County would absorb this .cost, the County would be eligible to receive a lower rate for installation than if citizens requested them. County Administrator Standish stated that County records show that - in 1982 the Board indicated that they would cease installing street lights in residential areas. Chairman Bradby urged the Board to review the matter because of the increasing crime in the County... Supervisor Spady stated he -would recommend the Board review the 2 ,B~nM 15.~::-10~ County's current policy and alternatives in regard to the possibility of installing street lights where a sufficient density of homes are located within a certain distance along the road. Reverend Deuel with the Smithfield Church of .God appeared regarding property owned by Cecil Peade on Route 258 behind the Smithfield Giass and Mirror Company. Reverend Deuel stated the Church would like to purchase a portion of Mr. Peade's property, but is unable to because of a clause in the subdivision ordinance. Cecil Peade stated he had originally intended to build a home on this property, but due to economic. reasons, he will be unable to accomplish same. Mr. Peade stated Reverend Deuel approached him with regard to purchasing a portion of his property. County Attorney Crook advised the property currently does not meet the subdivision ordinance requirements for subdividing. Mr. Caskey presented the Board with a plat and copy of a letter concerning the matter. Mr. Caskey advised .the property in question is a 3.4 acre parcel that lies to the rear of the existing business which fronts on Route 258. Mr. Caskey further advised the plat was submitted in July of 1992 under a clause of the County's subdivision ordinance dealing with family member transfers which was the only way this lot could be created because it does not have frontage on a public road. Mr. Caskey continued the deed was recorded in August of 1992 deeding the property from Mr. and Mrs. Peade to their daughter. County Attorney .Crook advised this type of division of land is not allowed in the County because it does not meet the requirements for road frontage and the only exception is the family member exception required and mandated by State statute which states the County must allow such a division of -land with the right of way of a minimum of ten feet for a family member only. County Attorney Croak further advised this exception in the County ordinance was done away with because it was being used to circumvent the requirements of the ordinance and then the State came out with an amendment to the subdivision ordinance statute requiring that localities have it and we now have it although the State statute expressly .provides that it not to be used to circumvent. the requirements of the subdivision ordinance. County Attorney Crook stated the. problem here is whether or not this is being done to circumvent the ordinance and he would like to know why this was deeded to the daughter if Mr. Peade intended to build upon the land himself, but. now wants to sell it to the Church. Mr. Peade stated it was his intention to build a home, but he was advised that he needed to get it separated from his business and that he could only accomplish it by deeding the property to a family member. Mr. Peade further stated while this was being accomplished the Church approached him regarding purchasing the land. County Attorney Crook advised the Board should consider the matter 3 1 1 ~~,~~ 15:4..1_p5 as if it was never deeded to the daughter. County Attorney Crook stated Mr. Peade is saying that someone. told him that he could accomplish this - division by deeding it to his daughter and then deeding it back to him, which is what is done to circumvent the requirements of the ordinance. County Attorney Crook advised if Mr. Peade came before the Board with this tract of land and wanted to convey the rear portion to the Church, .the ' Board could grant that variance under the subdivision ordinance although a thirty-foot right of way would be required to get back to it, which is what should have been done to begin with rather than the route taken to avoid the requirements of the subdivision ordinance. County Attorney Crook recommended Mr. Peade should first get the land deeded back to him from his daughter, have the plat redone to provide for athirty-foot right of way and then present the matter back to -the .Board for their. consideration in granting a variance to the subdivision ordinance. Reverend Deuel stated he is now a resident of Smithfield and for the last seven years the Church has been trying to acquire property. Reverend Deuel further stated :most of the Church's efforts to secure land has been in the Battery Park and urrounding areas, but that every piece of property the. Church tried to require was. either too expensive or will not perk. Reverend Deuel continued this is the best piece of property the Church has come across yet and the Church has been limited to using store-front buildings for the past thirteen years and now wants a church building. t i Supervisor Cofer advised if Mr. Peade would accomplish the County ~ Attorney's recommendations, he could probably support the variance. Chairman Bradby expressed his support for the Church and stated it is not the Board's intention to slow up progress for any Church, particular because it so seldom that the Board has a church come before them. Mr. Caskey advised that because this, is not a residence, the State Highway Department will have to approve the entrance onto the State road because of the curvature at this :portion of the roadway. l/ Chairman Bradby called for the Community Development report. Mr. Caskey advised because of changing mandates, localities- will ultimately be required to get into the stormwater management facilities and included in the agenda is a Board report which will provide the Board with information describing the processes that. have occurred to this point, particularly as it relates to the Chesapeake Bay Preservation Ordinance.. Mr. Caskey further advised there. are requirements in this ordinance that pertain to land development projects and their need for constructing stormwater management facilities and how these facilities are to be maintained. Mr. Caskey stated the County has an approved maintenance agreement that is dealt with fora individual property owners depending on their property's relationship to the Chesapeake Bay watershed and resource protection 4 Bo~~ 15 .~:-10~ areas, as well as the improvements they are making on site, Mr. Caskey further stated this agreement enables the property owner to perform certain activities that otherwise might have been precluded had they been required to maintain other setbacks from resource protection area buffers. Mr. Caskey reported that during the -1992 General Assembly, legislation was adopted which addressed the financing of stormwater management programs resulting from certain State and federal mandates which permits local governments to establish some. type of public stormwater utility which is to be used for raising the revenue and. fixing the rates necessary for maintaining the stormwater management system as a utility. Mr. Caskey further advised all local governments will eventually be mandated to have some form of stormwater management program in place and County staff has approached the regional Hampton Roads Planning District Commission on the potential need for addressing this type of utility facility primarily in non-urban member jurisdictions. Mr. Caskey stated a meeting was held on November 16, 1992 among these non-member localities and it was agreed that the Hampton Roads Planning District staff would draft appropriate proposals such as the development of model policies and procedures, ordinance and rate structures for the development of a such a utility system for consideration by the non-urban localities. Mr. Caskey stated on November 5,1992, the Board reviewed and gave approval to the preliminary subdivision plat for Gatling Pointe South and included in the Board's agenda is a Major Water Quality Impact Assessment for Gatling Pointe South -Phase I, pursuant to the Count}~s Chesapeake Bay Preservation Area Ordinance.. Mr. Caskey further stated this is required in this development because as the subdivision is proposed to be designed, the developers have opted to provide for a minimum fifty foot buffer from the resource protection area and that by going below the one hundred foot buffer, the developers are required to do technical engineering and stormwater management designing and planning. Mr. Caskey continued the Chesapeake Bay Preservation Area Ordinance requires that this information be presented to the Planning Commission and the Board of Supervisors for approval. In anticipation of this, the County at the developer's expense, forwarded all technical documentation to a third party engineering firm for review. The County has been advised all. documentation was appropriate and did comply with acceptable engineering standards for stormwater management, as well as maintaining compliance with the County's Chesapeake Bay Preservation Area Ordinance. Mr. Caskey advised that in addition to this, County staff forwarded documentation to the Hampton Roads Planning District Commission which provided the County with correspondence and advised that all findings were appropriate and the .project is generally consistent with the effort to protect water quality in the Chesapeake Bay and its tributaries. Mr. Caskey stated the Planning Commission recommends approval to the Board with. the two following conditions: 1. As recommended by URS Consultants, Inc., the wetland areas should be excluded in determining the total .acreage of the drainage basin for the stormwater calculations and the stormwater runoff from the roadways in the area. of the first detention facility. should be contained by said facility to the s i 1 D 5 T~, greatest extent practicable. 2. Compliance with any other applicable Isle of Wight .County ordinance. Supervisor Cofer moved the Board approve the Major Water Quality Impact Assessment subject to the conditions recommended by the Planning Commission. The motion passed (3-0) with Supervisor Spady abstaining from voting and from discussion stating that he had a conflict of interest. as a caowner of the property. Mr. Caskey presented the following application for the Board's consideration: Application for Conditional Use Permit by Roy C. Hodge, Jr., to occupy a mobile home for thirty-six (36) months while building a residence on one (1) acre of land located on Loblolly Lane off of Orbit Road (Route 637), in Newport Magisterial District. Mr. Caskey stated there was no opposition presented to the application and the Planning Commission voted to recommend approval to the Board for a period not to exceed thirty-six months with the rnndition that the mobile. home be removed from the subject property when the ~ residence is completed. Roy Hodge, Jr. appeared in favor. Supervisor Edwards moved the Board- approve .the .application. The motion passed unanimously (40). Mr. Casket' .presented the following application for the Board's consideration: Application for Conditional Use Permit by Harry L. Wood to extend the location and occupancy of a mobile home until completion of a permanent residence on 5.505 acres of land located at 13260 Track Lane in Hardy Magisterial District. Mr. Caskey stated there was no opposition presented to the 'application and the Planning Commission voted unanimously to recommend approval of the application for a period not to exceed twelve months or until such time as a Certificate of Occupancy is issued for the permanent residence. Supervisor Spady moved the Board approve the application. The motion passed unanimously (40). Mr. Caskey presented. the following application for the Board's consideration: Application for .Conditional Use Permit by Michael S. Huffman to extend the location and occupancy of a mobile .home for thirty-six (36) 6 ao~K 15~.;~108 additional months while constructing a residence on~ 17.5 acres of land located off of Bethel Church Land (Route 679) in Hardy Magisterial District. Mr. Caskey advised a Conditional Use Permit was initially approved for this property by .the Board in October of 1972 for the location of a mobile home on the property ,which was to be occupied by the prior property owner. Mr. Caskey further advised the property was subsequently sold and purchased by Mr. Huffman who in 1986 made application for his own Conditional Use Permit which was approved for a permit for three years.. Mr. Caskey stated Mr. Huffman was granted an .extension to that permit in 1990 for an additional two years for occupancy of the .mobile home while completing the residence. Mr. Caskey stated there was no opposition presented to the application but the Planning Commission did express concern as to the lack of building activity on the property relative to the request for an extension and the Planning Commission also discussed the applicant's representation that he would proceed with obtaining the required County permits in order to convert an existing structure on the property into a residence. Mr. Caskey further stated -the Planning Commission voted (6-2) to recommend approval of the application to the Board for a period not to exceed twelve months. Michael S. Huffman appeared in favor of the .application and requested the Board grant an extension of three years rather than twelve months because if he is unable to retain financial backing from the banks, a one-year extension would force him to have to reapply for a Conditional Use Permit. Supervisor Spady stated that the first Conditional Use Permit was obtained in 1986 which was six years ago and the Planning Commission recommended only twelve months. Supervisor Spady urged the applicant to begin construction as soon as possible. Mr. Huffman advised the Board that he has had difficulty obtaining the necessary funds to build the home. Chairman Bradby stated he has been to the site and spoken with the applicant who informed him that he has- had serious health problems. Supervisor Cofer pointed out that no building permits have been applied for as yet and .that he could support atwenty-four months extension, but no more than that. Chairman. Bradby moved the Board approve atwenty-four months extension of the Conditional Use Permit. The motion passed unanimously (44). Mr. Caskey stated included separately in the Board's agenda package was information relative to the proposed FY1992-97 Capital Improvements Program and the Isle of Wight County Comprehensive Plan recommends the County develop afive-year Capital Improvements Program which is a planned schedule of proposed County expenditures for fiscal improvements and acquisition during. the next five. years. Mr. Caskey advised the Plan 7 ~_ 1 1 . •: e~or, ~ 15 .;..;-10~ provides for an annual review process for consideration and revision as .necessary in terms of allocations and the shifting to succeeding fiscal years. Mr. Caskey stated the Planning Commission after several work sessions, public briefings and public hearings is recommending the proposed FY1992- 97 Capital Improvements Program contained in the Board's. agenda. Mr. Caskey advised the Board wilt need to set a required public hearing for ' advertisement and public comment. County Attorney Crook advised that the statute does not require a public hearing for. the Capital Improvements Program, but he would .recommend to the Board that a public hearing be held regarding the matter. Mr. Crook stated this Program is essential under the conditional zoning statutes in .order to enforce proffers for contributions to capital improvements, the County must have a Capital Improvement Plan adopted by the Board. Mr. Crook advised he did urge the Planning Commission to move forward with. the matter and he now urges the Board to act on it .expeditiously. Supervisor Cofer asked if the first year of the Capital Improvements Program represent what the Board has already approved. County Administrator Standish replied the County did adopt a capital budget as part of the County's operating budget and a number of projects were not included in that, but were deferred to be considered as part of the whole process. Mr. Standish advised the Board Judge Edwards .contacted him ..regarding the Board's consideration on appropriating $16,000 for filing systems for the Clerks of the Juvenile Domestic Relations and District Court. Chairman Bradby stated the Capital Improvements Program involved a considerable amount of money and suggested that the Board may wish to have a work session to review the matter. .County Attorney Crook stated that various departments. and agencies submitted requests and both a briefing and public hearing were held by the Planning Commission and the requests were deleted or modified as a result. Mr. Croak further stated these are necessary items that are needed by the .County and stressed that under the statute no proffer shall be accepted by a County unless it has adopted a Capital Improvements Program. Mr. Crook again urged the Board to act expeditiously on thematter. Supervisor Cofer stated from a planning standpoint, this document is ..simply good business and is only a plan which can be altered as necessary..:. Supervisor Edwards moved the Board .authorize advertising the matter for public hearing for December 17, 1992. The motion passed unanimously (4-0). Mr. Caskey stated included in the Board's agenda is a Board report recalling the process that the Department of Community Development employs in notifying individuals who have been cited for the overgrowth 8 eo~K 15.~..r110 of grass and weeds. Mr. Casket' advised of the properties contained in the agenda package, particularly lot #3 in Titus Creek Subdivision, has been cut and is therefore not part of the request any longer. Mr. Casket' continued there are four properties in Blackwater Point. Subdivision that County staff needs authorization and direction in order to proceed with cutting on these properties. Mr. Casket' stated the final portion of the Board report deals with the Board giving consideration to modifying the County's policy and procedure and designate the County's Agent to have the authority to take the necessary actions without having to come back to the Board of Supervisors for decisions on each lot. Supervisor Spady asked if this occurred as the result of neighbors' complaints. Mr. Casket' replied yes. Supervisor Spady moved the Board direct County staff proceed with appropriate steps to have the grass .cut and respectively billed to the individual property owners. The motion passed .unanimously (4-0). Mr. Casket' stated he understood the letter from Lawrence Post was forwarded to the Board for their information pertaining to properties owned by him in the. Windsor area located within the area identified in the Comprehensive Plan as the Central Development Service District.. Mr. Casket' further stated Mr. Post is requesting consideration of having -his property removed from this District and County staff will provide the Board will a report on the particulars at their December 3, 1992 meeting. Mr. Casket' stated the Board has probably received a mailing from the Hampton Roads Planning District Commission which includes an invitation to a workshop training seminar entitled Chesapeake Bay Preservation Act Local Appeals Process. Mr. Casket' advised under the County's local ordinance, the Planning Commission and Board of Supervisors are in the appeals process. // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated at a previous Board meeting, the Community Development staff recommended a policy tote adopted by the Board concerning the Chesapeake Bay Preservation Ordinance which deals specifically with the buffer areas around the RPAs and RMAs. Mr. Crook further stated he suggested that before the Board consider such a policy that it be referred to the Planning Commission. Mr. Crook continued he has met with Mr. Casket' and Mr. David since then to review the ordinance and the proposed policy position and he now believes the ordinance is fine as written and he does not see. a need to change the ordinance or adopt a policy position. Supervisor Cofer moved the Board rescind the action of sending the matter to the Planning Commission. The motion passed unanimously (40). 9 U [1 [l aa~N 15.:.~11i County. Attorney Crook passed out correspondence dated November 18,1992 to Conard B. Mattox, Jr., Esquire, concerning the proposed Virginia Motor Sports, Inc. proposed project. County Attorney Crook advised the procedure in the County concerning tax refunds for erroneous assessments has been that the governing body shall approve it upon a certificate from the Commissioner of the Revenue with the consent of the County Attorney and if the assessment was erroneous, then the Treasurer is directed to refund the excess amount to the taxpayer. Mr. Crook further stated the Commissioner of the Revenue is now requesting the Board of Supervisors adopt an :ordinance that would allow the refund of taxes without the request coming to the Board of Supervisors and without participation by the County Attorney. Mr. Crook advised the Board of Supervisors in 1987 agreed to adopt an ordinance to allow the refund of taxes. erroneously assessed and paid subject to County Attorney approval and that it would not. be necessary to come to the Board of Supervisors with the request and the reason for this is because under the Constitution of Virginia and the statutes the .County Attorney is required to advise the Board on whether or nit .the claim against the County .should be honored or contested. Mr. Crook continued the Commissioner of Revenue may wish to speed up the process or avoid presenting these erroneous assessments for review and that in September the Commissioner of Revenue wrote to the County Administrator and copied him and then November 7 County Attorney received a letter from the Commissioner of Revenue requesting that he prepare an ordinance deleting the County Attorney's review of erroneous assessments and requests for refunds and present it at the next Board of Supervisors' meeting which is this meeting. County .Attorney Crook stated he did not recommend this because the County has six months to contest a refund and if the County, Board of Supervisors and County Attorney, are not aware of it, then the six months will pass before it can be questioned whether the refund should or should not be made. Supervisor Spady asked if the County Attorney advises the Board on these refunds as they occur. County Attorney Crook replied no, the procedure has been that when it comes to him, he reviews it and if he finds no .fault with it then he submits it to the Treasurer. Mr. Crook stated if he has a question, he will call the .Commissioner of the Revenue and if he disagrees with the Commissioner of the Revenue then the matter would be brought before the Board and the Board would be advised on whether or not the Board wants to take the matter to court or let the taxpayer take the County to court. Su ervisor S ady moved .the Board direct .the County Attorney to write the Commissioner of the Revenue stating the County wi~sh0es to remain with the present policy..The motion passed unanimously ( ) // Chairman Bradby called for the County Administrator's report. 10 l e~~~K 15 .~ ~1i2 .County Administrator Standish stated .included in the agenda is a request from Dr. York, School Superintendent, on behalf of the School Board noting that they will ask for legislative approval to operate day-care operations. Dr. Jane T. York, School Superintendent, stated one of -the objectives adopted by the School Board in March was to offer before .and after school care for school-age children, as well as summer programs. Dr. York further stated many children are left at home as their parents go to work and this program will be aself-supporting program with an indirect cost to the schools in that they will be .opening their. buildings early and closing them: later, Dr. York advised that it is her understanding that this .does not require Board approval until after it becomes a part of the statute although Senator Holland thought it would be a good idea if the governing body did approve it first. Dr. York further advised the first year would consist of K-5 and the schools would either operate it themselves and handle the payment or the schools would go out on a Request For Proposal. County Attorney Crook advised that he understood that Senator Holland wants the Board of Supervisors to request this legislation in the County's legislative priorities to be presented to the General Assembly. Supervisor Edwards moved the Board direct County staff amend the legislative package to include this request. The motion passed unanimously (4-0). Supervisor Cofer moved the. Board adopt the following resolution: RESOLUTION TO APPROPRIATE TF IIZEE MILLION EIGHT HUNDRED SEVENTY FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS FROM THE 1991 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of an elementary school; and, WHEREAS, the funds in the amount of ..three million eight hundred seventy four thousand three hundred -fifty dollars ($3,874,350) need to be appropriated from the 1991 school bond issue proceeds to the school construction fund in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that three million eight hundred seventy four thousand three hundred fifty dollars ($3,874,350) from the 1991 school bond issue proceeds be appropriated to the school construction fund in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County. Administrator of the County of Isle of Wight, Virginia is authorized. to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. 11 1 ~~ ,: a~~~ 15 ,~..~113 The motion passed unanimously (40). County Administrator Standish stated this appropriation leaves an approximate balance of $2.3 million dollars of the $10 million dollar bond issue. Dr. York extended an invitation to the Board to attend the School Board work session on December 3, 1992 at 7:00 p.m. in the Board Room regarding the preliminary plans for Windsor Middle/High School as well as where the facilities will be located. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SEVEN .HUNDRED FIFTEEN THOUSAND SIX HUNDRED AND EIGHTY DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER I PROGRAM WHEREAS, the School Board of the-County of Isle of Wight, Virginia has received a grant for the Chapter i Program; and, WHEREAS, the funds in the amount of seven hundred .fifteen thousand six hundred and eighty dollars ($715,680) from the Federal Government need to be appropriated to the Chapter I Program line item. in the 1992-93 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that seven hundred fifteen thousand six hundred and eighty dollars ($715,680) to be received from the Federal Government be appropriated to Chapter I line .item. in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the f County of Isle of Wight, Virginia is authorized to make the appropriate accountin adjustments in the budget for this grant and to do all the things g necessary to give this resolution effect. ~ The motion passed unanimously (40). Supervisor Spady moved the Board adopt the following resolution: ;. RESOLUTION TO APPROPRIATE ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS FOR CARRYOVER GRANT PROGRAMS .WHEREAS, the School Board of the County, of Isle of Wight has .received grants for various programs; and, WHEREAS, the funds in the amount of one hundred seventeen thousand one hundred eighty-two dollars ($117,182) need to be carried over to the. following programs in .the 1992-93 budget of .the County of Isle of Wight, Virginia: 12 -a~eK 15.~:~~.1"~ Chapter I $102,627 Title VIB 8,448 Drug Free Schools and 6,107 Communities Act NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred seventeen thousand one hundred eighty-two dollars ($117,182) be appropriated to the programs listed .above in the 1992-93 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that.. the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion passed unanimously (4-0). Alan Nogiec, Director of Parks & Recreational Facilities Authority, advised the Board the low bid received on the replacement truck discussed at the previous meeting is $13,890. Supervisor. Cofer moved the Board accept the low bid and adopt the following resolution: RESOLUTION TO APPROPRIATE THIRTEEN THOUSAND EIGHT HUNDRED NINETY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE CAPITAL BUDGET WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase of a .vehicle for the Recreational Facilities Authority; and, WHEREAS, the funds in the amount of thirteen thousand eight hundred ninety dollars ($13,890) for such purpose need to be appropriated from the unappropriated fund balance to the capital budget in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirteen. thousand eight hundred ninety. dollars ($13,890) from the unappropriated fund balance be appropriated to the capital budget in the 199.93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion passed unanimously (4-0). 13 C 1 {. B~~K 15 r:.~11~~ Mr. Nogiec requested the Board appropriate the funds to replace the existing boiler for .the Nike Park facility in the amount of approximately $7,500.: Supervisor Spady moved the Board approve the Smithfield Heating and .Cooling bid and appropriate $7,500 from the unappropriated fund balance. The motion passed unanimously (4-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY THREE THOUSAND SEVEN HUNDRED SIXTY-EIGHT DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR ROOF REPAIRS TO THE ISLE OF WIGHT MUSEUM WHEREAS, the Board of Supervisors of the County. of Isle of Wight, Virginia has approved expenditures for the repair of the .Isle of Wight Museum roof; and, WHEREAS, the funds in,the amount of twenty three thousand seven .hundred sixty-eight dollars ($23,768) need to be appropriated from the unappropriated fund balance to the- Capital Project Roof Repair line item in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty three thousand seven hundred sixty-eight dollars ($23,768) from the unappropriated fund balance be appropriated to the Capital Projects Roof ..Repair line item in the 1992-93 budget of the County. of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the. County of Isle of Wight, Virginia is authorized .to make the appropriate - accounting adjustments in the budget and to do all the .things necessary to ..give this resolution effect. The motion passed. unanimously (4-0). Supervisor Edwards moved the Board. adopt the following resolution: RESOLUTION OPPOSING TOLL INCREASES FOR THE JAMESTOWN-SCOTLAND FERRY SYSTEM WHEREAS, the Jamestown-Scotland ferry system is an integral part of the Route 31 State. primary road system, providing a continuation of Route 31 between Surry County and other localities on the south side of the James River to James City County and other localities on the north side of the James River; and, WHEREAS, the Jamestown-Scotland ferry system is an important link supporting the transportation, commerce and .tourism needs within the Tidewater area; and, 14 8~~~ 15.~~~lis . WHEREAS, the Commonwealth .Transportation Board has implemented an increase in the tolls for the use of the Jamestown-Scotland ferry system to an amount that is both unfair and burdensome upon those users who depend upon the ferry system. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that the Commonwealth Transportation Board is requested to rescind its toll increase for the Jamestown-Scotland .ferry system. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Commonwealth Transportation Board and to the County's General Assembly delegation with a request that they support the reduction in these ferry tolls. The motion passed unanimously (4-0). County Administrator Standish stated bids, were solicited for the purchase and installation of an emergency generator system for the new Public Safety Building. Mr. Standish recommended the Board accept the low bid from Knight Electric, Inc. in the amount of $37,630 and authorize the project proceed of the earliest opportunity.- .Supervisor Edwards moved the Board accept the low bid from Knight Electric, Inc. in the amount of $3,630. The motion passed unanimously (4- 0). County Administrator Standish stated bids were solicited fora heavy- duty truck cab and chassis to replace the .Public Works vehicle with the tailgate .hydraulic .lift and recommended that the Dodge vehicle be purchased in the amount of $15,708 from the low bidder. Supervisor Cofer moved the Board accept the low bid of $15,708 on the Dodge D350 and authorize purchase of the truck. The motion passed unanimously (40). County Administrator Standish stated the Board at their previous meeting approved $5,500 for property acquisition. and included in the agenda is a resolution appropriating the funds. County Attorney Crook stated there should be an additional $14 added to the resolution to cover the cost of recording.. Su ervisor S ad moved the Board adopt the following resolution P P Y f amended as suggested by the County Attorney: RESOLUTION TO APPROPRIATE FIVE THOUSAND FIVE HUNDRED AND FOURTEEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR PROPERTY ACQUISITION WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved .the acquisition of property; and, 15 1 . •. ao~K 15.x.;-1~7 WHEREAS, the funds in the amount of five thousand five hundred acid fourteen dollars ($5,514) need to be appropriated from the unappropriated fund balance to the Property Acquisition line item in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED by the Board of Supervisors of the County of Isle of .Wight, Virginia that five thousand five hundred and fourteen dollars ($5,514) from the unappropriated fund balance be appropriated to the Property Acquisition line item in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVID that the County Administrator of the County of ..Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. Thee motion passed unanimously (4-0). .Supervisor Cofer moved the Board adopt the following resolution: j RESOLUTION TO APPROPRIATE FIVE THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF .THE GENERAL FUND FOR TELEPHONE SYSTEM IMPROVEMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures relative to extended area calling/telephone system improvements; and, } I WHEREAS, the funds in the amount of five thousand dollars ($5,000) need to be appropriated from the unappropriated fund balance to the 7 Telephone System Improvements line item in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five. thousand dollars ($5,000) from the unappropriated fund balance be appropriated to the Telephone System Improvements line item in the 1992- 93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to i give this resolution effect. The motion passed unanimously (4-0). County Administrator Standish stated included in the agenda is a summary of the County's health insurance .program with total receipts at .March 1,1992 through current in the amount of $268,482, disbursements at .$136,734 and current cash balance at $131,748. Mr. Standish further stated it should be noted that disbursements should have been broken down further and advised administrative fees are $7,809 and the additional 16 ,eoe~ ~5.~:~11~ insurance premium purchased by the County to cover extraordinary losses is $39,512 with claims at $89,413. County Administrator Standish noted $579,615 has been collected by the delinquent tax attorneys through the end of October at a cost of $65,082 which represents approximatelyll% of the amount collected. County Administrator Standish .advised the resolution presented to Mrs. Fred Thompson on behalf of her husband at the previous meeting was not officially adopted. Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION OF APPRECIATION TO FRED-DOUGLAS THOMPSON, SR. WHEREAS, Fred Douglas Thompson, Sr, served the Isle of Wight school system for twenty-three years, from 1957 until his retirement in 1980; and, WHEREAS, Fred Douglas Thompson, Sr. served the school system as a teacher, Assistant Principal, Principal and Director of Services; and, WHEREAS, Fred Douglas Thompson,. Sr. simultaneously served on the Count}~s Recreational Facilities Authority for thirteen. years,. from 1974 through 1987; and, WHEREAS, Fred Douglas Thompson, Sr. served as Chairman of the .Recreational Facilities Authority during the fiscal years 1977/1978, 1982/ 1983, and 1987/1988; and, WHEREAS, Fred Douglas Thompson, Sr. subsequently served on the County's Planning Commission for over two years, between February 1988 and October 1990; and, WHEREAS, Fred Douglas Thompson, Sr. subsequently served on the County's Social Services Board for almost two years, between November 1990 and October 1992; and, WHEREAS, such continuous and broad-based service to Isle of Wight. County is both distinctive and unique, and has undoubtedly touched the lives of many County residents. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that Fred Douglas Thompson, Sr. is hereby recognized for his long record of service. to this.. community and for the many significant contributions for which he is responsible. BE IT FURTHER RESOLVED that the Board of Supervisors extends its appreciation to Fred Douglas Thompson, Sr. for these many years of unselfish public commitment. The motion passed unanimously (4-0). 17 1 1 1 .: Bo~~ 15.x...-11~ Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO HUNDRED THOUSAND DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE. SECOND FLOOR. RENOVATION EFFORT AT THE ISLE OF WIGHT/ SMITHFIELD LIBRARY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded reimbursement from the Commonwealth of Virginia for the second floor renovation effort at the Isle of Wight/Smithfield Library; and, WHEREAS, the funds in the amount of two hundred thousand dollars ($200,000) need to be appropriated to the second -floor renovation effort at the Isle of Wight/Smithfield Library line item in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED >;y the Board of Supervisors of the County of Isle of Wight, Virginia that two hundred thousand dollars ($?A0,000) be appropriated to the second floor renovation effort at the Isle of Wight/Smithfield Library line item in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized. to make the appropriate accounting adjustments in the budget for this renovation effort and to do all the things necessary to give this resolution effect. The motion passed unanimously (4-0). County Administrator Standish noted that at a recent Jail Authority meeting it was recommended that the three.. communities amend their legislative packages to request that the State ,reimburse localities' interest incurred during the project and to make changes in what the State will pay . for in terms of personnel. Mr. Standish further noted these items will be on the Board's December 3, 1992 agenda. County Administrator Standish noted approximately $12,000 in proceeds were received as a result of the 1992 County. public auction of surplus equipment. .County Administrator Standish advised County staff is in receipt of a draft audit report from the auditors which is being .circulated to the Treasurer, School Superintendent and Social Services and which shows that expenditures were below and revenues were above those anticipated in the last year and. an unobligated fund balance. in June, 1992 of $3,42b,360. Mr. Standish further advised the Board would be in receipt of the audit for their review by early December. Supervisor Spady .stated he would prefer to ..have. the audit in November and requested the County Administrator present his request to 18 ~o~K ~5:~;-1zo the auditors. County Administrator Standish stated included in the agenda envelope was a letter to the Public Service Authority noting that based upon the report provided at the last PSA meeting the utility revenues would be enhanced by revision to the rate structure and information regarding same will be on the Public Service Authority's December 3,1992 agenda. Mr. Standish further stated Supervisor Spady noted that the State Corporation Commission mayor may not require a public hearing and after investigation into the matter, County staff -could find no evidence that the PSA must hold a public hearing or authorize a public notice, although they may if they desire. // Chairman Bradby called for Old Business. Chairman Bradby requested the status of tax exemptions for elderly and disabled individuals. County Attorney Crook stated the matter was tabled because he had brought to the Board's attention that using the Prince George ordinance would. reduce the income requirements and reduce the net worth requirements and consequently some individuals enjoying the deferral may not be entitled to the exemption. County Attorney Crook further stated Supervisor Edwards then suggested an .option where an individual could take deferral. Supervisor Cofer requested. the. County Attorney prepare a draft ordinance showing 50% exemption and deferral for the Board's review. Supervisor Spady requested County -staff provide the amount of revenue which may be lost as a result of implementation. // Chairman Bradby called for New Business. County Administrator Standish stated the State is now requiring employees who may be exposed to Hepatitis B to obtain inoculation and advised County employees will be scheduled for same with the Health Department and an appropriations resolution prepared for the December 3,1992 meeting. Mr. Standish stated the process requires three shots at $35 a shot and appropriate employees will be encouraged to receive them although it is on a voluntary basis. Chairman Bradby noted Mr. Pierce, an individual in his. community, is requesting permission from the Board for an extension of :time to locate his trailer on his property. County Attorney Crook advised ,the Board could direct the Codes Enforcer to give Nir. Pierce more time. for the removal of the mobile home 19 1 1 1 i~ 800 15 ~r:;`~~~ and that sixty days might be a reasonable amount of time. Chairman Bradby explained that Mr. Pierce is requesting twelve months to allow him time to make the necessary arrangements to permanently locate the trailer. Supervisor Cofer moved the Board allow Mr. Pierce an additional thirty days and requested a report from .the Department of Community Development in December. The motion passed unanimously (4-0). // Chairman Bradby called for Appointments.. Supervisor Cofer moved the Board reappoint Myles E. Standish to the Western Tidewater Community Mental Health and .Retardation Services Board for an additional three-year term. The motion passed unanimously (4-0). // Chairman Bradby called for approval of the October 15,1992 minutes. Upon recommendation of County Attorney Crook, Supervisor Cofer moved the Board adopt the October 15, 1992 minutes of the Board. The motion passed. unanimously (4-0). // County Attorney Crook requested an executive session pursuant to Section 2.1-344 A7 of the Freedom of Information Act for consultation with staff and counsel concerning contract negotiations and other legal matters. At 9:03 p.m., Supervisor Spady moved .the Board go into executive session for the reasons stated by the County Attorney. The motion passed unanimously (4-0). Upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive. meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE TT RESOLVED that the Board of Supervisors eooK 15 ~~~-1~2 hereby certifies~that, to the best of each member's knowledge, (i) only public business matters lawfully exempted -from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES; 4 NAYS: 0 ' ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 The motion passed unanimously (40). // At 9:15 p.m., Supervisor Cofer moved the Board- adjourn. The motion passed unanimously (4-0). Gyh-~'"4 Myles Standish, Clerk enry H. adby, Chairman .